General Terms and Conditions of the International Conferences Group LLC International Cannabis Business Conference Berlin
Overview
- organizer
- general scope of application
- content of the event/no protection of competition
- performance of the organizer/performance of the sponsor
- offer – conclusion of contract
- prices – terms of payment
- contract period/right of withdrawal/no-show of the exhibitor
- extraordinary termination
- interest in performance
- legal consequences in case of cancellation of the event
- construction and dismantling of the event
- compliance obligations of the exhibitor
- allocation of stand space
- stand design
- stand operation/advertising material
- subletting
- liability
- exhibitor’s liability for damage/insurance
- photography, film, radio and television recordings in the event rooms
place of jurisdiction – place of performance
Disclaimer
- organizer
The organizer of the International Cannabis Business Conference Berlin is
International Conference Group LLC
180 Clear Creek Drive
#103 Ashland,
OR 97520, USA
Email: info@internationalcbc.com
- general scope of application
(1) Our General Terms and Conditions of Business apply exclusively; we do not recognize any terms and conditions of the contractual partner that conflict with or deviate from our General Terms and Conditions of Business unless we have expressly agreed to their validity in writing. Our terms and conditions of business shall also apply if we perform the service without reservation in the knowledge of terms and conditions of the contractual partner which conflict with or deviate from our terms and conditions.
(2) All agreements made between us and the contractual partner for the purpose of executing this contract are set out in writing in the contract and these General Terms and Conditions.
(3) Our terms and conditions of business shall only apply to companies within the meaning of § 310 Para. 1 BGB.
- content of the event/no protection of competition
(1) The organizer conducts B2B conferences on cannabis worldwide.
(2) Applications will only be accepted if they correspond to the content of the event and can make a qualitative contribution to the exhibitor mix.
(4) The organizer is entitled to conclude further contracts with exhibitors/sponsors who offer the same or a similar product range. Protection of competition is not granted in this respect.
4. performance of the organizer/performance of the sponsor
(1) Before and during the event, the organizer will provide the sponsor with the sponsoring packages and services requested by the sponsor, as marked on the ICBC Exhibitor Agreement and previously sent by the sponsor to the organizer.
(2) The Sponsor undertakes to provide speakers and make appropriate presentations in accordance with the sponsorship package.
(3) The contracting parties shall assess the obligations of the organizer arising from the Sponsor Package with regard to the total remuneration to be paid by the Sponsor with the following percentages: 40% for all media-based services prior to the event, 60% for all other services included during the event, including stand rental.
(4) Should the organizer fail to provide a partial service as owed, the Sponsor can only assert rights in respect of this partial service, while the rest of the contract remains unaffected.
5. offer – conclusion of contract
(1) Registration is exclusively via the ICBC Exhibitor Agreement respectively the online order procedure. The form must be completed in full, the desired stand must be indicated, signed and returned to the organizer by post or e-mail. By signing, the exhibitor acknowledges that the general terms and conditions of the organizer are accepted. If other conditions and instructions have been issued in advance, the signature also confirms that these have also been complied with.
(2) The exhibitor registration received by the organizer constitutes a contractual offer by the interested party to the exhibition. This contract offer is valid until the organizer has sent a confirmation of the contract or a cancellation. The organizer requires a regular processing time of 7-10 working days for this. The contract is finally concluded with the sending of the order confirmation by the organizer.
(3) If the exhibitor’s request for a stand cannot be considered, the organizer will consult with him. If an amicable stand space is then found, the booking form must be filled out again and sent to the organizer with a signed copy.
6. prices – terms of payment
(1) With the sending of the order confirmation the organizer sends an invoice for the desired sponsorship or the amount as stated in the booking form.
(2) The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing, unless the contractual partner participates in the reverse charge procedure.
(3) The deduction of a discount requires special written agreement.
(4) Unless otherwise stated in the order confirmation, the gross invoice amount (without deduction) is due for payment within 10 days of the invoice date. The legal regulations regarding the consequences of default of payment shall apply.
(5) The contractual partner shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
7. contract period/right of withdrawal/no-show of the exhibitor
(1) An ordinary right to terminate the contract is excluded.
(2) Withdrawal by the exhibitor from the contract concluded with the organizer is
possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the organizer expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as the possible consent to a cancellation of the contract should be made in writing.
(3) If a right of withdrawal has not been agreed upon or has already expired, there is also no legal right of withdrawal or termination and if the organizer does not agree to a cancellation of the contract, the organizer retains the claim to the agreed remuneration despite not using the service. The organizer must credit the income from renting the stand area to others and the saved expenses. Further claims for damages by the organizer remain unaffected.
- extraordinary termination
(1) The organizer is entitled to terminate the contract extraordinarily for objectively justified reasons, in particular
– Force majeure or other circumstances beyond the control of the organizer make it impossible to fulfil the contract;
– events or space are culpably booked with misleading or false information or with concealment of material facts; material facts may include the identity of the exhibitor, his solvency or the purpose of the exhibition;
– the organizer has reasonable grounds to believe that the exhibitor may jeopardize the smooth business operations, safety or public reputation of the organizer, without this being attributable to the area of control or organization of the organizer;
– there is a breach of point 8. para. 2;
– there is a breach of point 10 or 12,
(2) Furthermore, both parties are entitled to terminate the contract extraordinarily for objectively justified reasons, in particular if
– a party to the contract culpably violates material contractual obligations incumbent upon it and does not remedy the violation within a reasonable period of time despite a warning. A prior warning is not required if it is futile or unreasonable for the contracting party entitled to terminate the contract;
– the other party to the contract culpably violates legal regulations or association rules which are directly or indirectly significant for the execution of the contract. The contracting parties agree that the mere suspicion of a culpable violation constitutes sufficient good cause;
– a petition is filed for the opening of insolvency proceedings against the assets of one of the contracting parties.
(3) Justified extraordinary termination by the organizer does not constitute a claim for damages by the Exhibitor.
(4) In the event of a justified extraordinary termination by the organizer, the claim to the agreed remuneration in favor of the organizer remains valid. The organizer must credit the income from renting the stand space to another party and the saved expenses. Further claims for damages by the organizer remain unaffected.
(5) In case of force majeure or other circumstances beyond the control of the organizer, point 10. applies.
(6) The termination must be in writing.
9. interest in performance
(1) The organizer is not liable for any failure to achieve the communicative objectives pursued by the Sponsor in entering into this contract beyond the provision of the services owed, unless the organizer has impeded or thwarted their realization through culpable breach of essential contractual obligations or through grossly negligent behavior.
(2) The sponsor is aware that the advertising opportunities agreed in this contract may be restricted by public law requirements or association rules. The organizer is not liable for damages in the event of restrictions resulting from such specifications.
(3) The interest of the sponsor in the fulfilment of this contract is regularly limited to the amount agreed between the contracting parties for the sponsorship package. This restriction does not apply in the case of intent and gross negligence or in the case of injury to life, body or health
10. legal consequences in case of cancellation of the event
(1) If the event does not take place from the beginning due to force majeure, neither party shall be obliged to perform. Partial services are to be remunerated according to the assessment made by the parties in point 4, paragraph 3, and advance payments are to be reimbursed.
(2) Para. 1 shall apply accordingly if the event is cancelled for other reasons without force majeure (cancellation of the hotel due to unexpected damage to the building, unexpected closure of the event by the authorities, etc.). In this case, the organizer is obliged to inform the sponsor immediately about the cancellation and to reimburse any advance payments made by the sponsor without delay, insofar as these cannot be offset against the partial services provided.
(3) Both parties shall endeavor to find a new date for the event as far as possible.
- construction and dismantling of the event
(1) The assembly and dismantling times of the event, for the time being subject to confirmation by the Estrel Congress Center, are as follows:
Setup: Monday 15 April 2024 from 12:00 – 22:00 hrs
Dismantling: Thursday, 18 April from 18:00 – 22:00,
Friday, 19 April from 08:00 – 17:00 hrs.
(2) The exhibitor acknowledges these assembly and dismantling times as binding. Dismantling before the above-mentioned time is not possible for safety reasons. Any material left behind by the exhibitor at the end of dismantling will be destroyed at the expense of the exhibitor.
(3) The exhibitor and the service partners commissioned by him (stand construction, lighting, etc.) are responsible, particularly during the assembly and dismantling phases, for ensuring that all provisions of the German Occupational Safety and Health Act and the accident prevention regulations are complied with.
- compliance obligations of the exhibitor
(1) All products and services presented on the stand must comply with the legal provisions applicable in Germany. The exhibitor shall indemnify the organizer against all claims of third parties which are asserted against the organizer due to the commercial appearance of the exhibitor at the event (in particular claims under competition law, copyright, trademark law, etc.).
(2) A violation of legal provisions entitles the organizer to terminate the contractual relationship for good cause and also to prohibit further use of the stand during the event.
(3) The exhibitor must comply with all trade, police, health and other regulations.
- allocation of stand space
(1) The organizer reserves the right to change the promised stand space if this is unavoidable for compelling technical reasons or for reasons of fire protection. The exhibitor must be informed immediately of any such change. In this case, the exhibitor shall be allocated a space of equal value.
(2) If such an equivalent allocation is not possible, the exhibitor is entitled to withdraw from the contract by written declaration within 7 days. Withdrawal from the contract is not possible if, in view of the overall circumstances, the change in stand space is only insignificant.
- stand design
(1) Throughout the duration of the exhibition, the stand must be clearly marked with the name and address of the stand owner.
(2) The requirements of the Technical Guidelines of the Estrel Congress Center must be met at all times.
(3) No stand construction will be provided. The organizer can provide a shell scheme when requested.
(4) It shall be possible to remove all structures without leaving any residue. Furthermore, care must be taken to ensure that the floor covering is not damaged at the installation site.
(5) The exhibition stands shall comply with the applicable technical guidelines and shall be safe. The exhibitor must obtain any necessary official permits in advance. The exhibitor must comply with the safety instructions of the exhibition management.
(6) The fire protection and regulatory requirements imposed by the authorities responsible for the event premises (e.g. fire brigade, public order office, occupational safety office, etc.) must be complied with. The exhibitor is not entitled to any claims against the organizer arising from any restrictions resulting from compliance with these conditions.
(7) The maximum construction height of the stand is 2.50 m. Exceeding the permissible construction height requires the express consent of the organizer/exhibition management.
(8) It is not permitted to exceed the stand limits. The setting up of particularly heavy or large exhibition objects for which special devices are required or for which special structural considerations must be considered also requires the approval of the organizer.
(9) The basic supply of the exhibition stand with electrical power is not provided, but must be purchased form Estrel Congress Center. Additional requirements must also be clarified separately with the organizer.
(10) All safety-related equipment, such as fire alarms, hydrants, electrical distributors, control panels and all other installation and fire protection equipment shall be freely accessible at all times.
(11) Stand construction sketches and stand descriptions of all stands and ceiling suspensions, from which the stand design can be adequately seen, must be submitted to the organizer up to three weeks before the event.
(12) Exhibition stands whose construction has not been approved or which are not safe or do not comply with the technical guidelines and official requirements may be altered or removed at the request of the organizer. If the exhibitor does not comply with a corresponding request by the organizer, the organizer may itself order the change or removal at the Exhibitor’s expense. If the stand must be closed for the same reason, there is no entitlement to a refund of stand rent already paid.
- stand operation/advertising material
(1) The exhibitor always undertakes to keep the stand accessible to visitors during the opening hours of the event. It must always be ensured that no danger emanates from the stand. In this respect, the exhibitor shall be responsible for the safety of the stand space made available to him. The opening hours are as follows:
Tuesday, 16 April 2024, 9:30am to 5pm
Wednesday, 17 April 2024, 9:30am to 5pm
(2) Advertising material may only be displayed and distributed on the company’s own exhibition space.
(3) Any hand or retail sale, especially of exhibition goods or trade fair samples, to private or businesspersons is prohibited. This applies in particular to cannabis products containing THC, CBD flowers and other CBD products.
(4) Since the possession of CBD flowers is already a criminal offence in Germany, corresponding products may already not be exhibited.
(5) Insofar as it is intended to supply samples or specimens to end customers free of charge, only products that comply with German and European regulations may be supplied. The exhibitor is responsible for determining compliance with the applicable legal regulations. In case of doubt, the organizer may order the prohibition of the sale of corresponding products during the event.
16. subletting
Subletting of the stand space is not permitted, unless it is a non-profit organization, which may also present itself on the stand after consultation with the organizer.
17. liability
(1) We shall be liable in accordance with the statutory provisions if the contractual partner asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. As far as we are not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
(2) We shall be liable in accordance with the statutory provisions insofar as we culpably violate an essential contractual obligation; in this case, however, the liability for damages shall also be limited to the foreseeable, typically occurring damage.
(3) Insofar as the contractual partner is otherwise entitled to compensation for damages instead of performance due to a negligent breach of duty, our liability is limited to compensation for foreseeable, typically occurring damages.
(4) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(5) Unless otherwise regulated above, liability, in particular for damages, is excluded regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage in accordance with § 823 BGB.
(6) The limitation according to paragraph (5) shall also apply if the contractual partner demands compensation for useless expenses instead of a claim for damages.
(7) Insofar as the liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
(8) Any exhibition or other, even personal, items carried along are located in the event rooms at the risk of the exhibitor. The organizer assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on the part of the organizer. Excluded from this are damages from injury to life, body or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
18. exhibitor’s liability for damage/insurance
(1) If the exhibitor is an entrepreneur, he is liable for all damage to buildings or inventory caused by employees, other third parties from his area or himself.
(2) Exhibitors are obliged to take out general liability insurance before the start of the event. The organizer must be provided with appropriate proof on request. Exhibitors are also advised to take out theft insurance.
19. photography, film, radio and television recordings in the event rooms
(1) Commercial photography and filming within the exhibition grounds is only permitted to companies authorized by the exhibition management.
(2) Film, radio and television broadcasts from the event premises may only be made after prior consultation with and approval by the organizer. The organizer grants a corresponding approval after due exercise of discretion.
(3) The organizer is entitled to have photographs, drawings and film recordings of the exhibition made, in particular of the Exhibitor’s stand and the products exhibited there, and to use them for advertising purposes or press releases.
20. place of jurisdiction – place of performance
(1) If the contractual partner is a merchant, Paderborn/Germany is the place of jurisdiction; however, we are also entitled to sue the contractual partner at the court of his place of residence.
(2) The law of the Federal Republic of Germany shall apply.
(3) Unless otherwise stated in the order confirmation, Berlin shall be the place of performance.
Disclaimer:
The sale of any products to end customers during the event on the exhibition area is prohibited.
This applies in particular to cannabis flowers, CBD flowers and other CBD products.
We draw the attention of all our exhibitors to the fact that the marketing of novel foods is a criminal offence punishable by imprisonment of up to one year or a fine (§ 1a NLV – http://www.gesetze-im-internet.de/nlv_2018/ ). Recently, several first-instance administrative court rulings have been issued confirming the classification of CBD oils with extracts, in particular from CO2 extraction, and/or isolates as novel food.
If the intention is to supply samples or specimens to end customers free of charge, only products that comply with German and European regulations may be supplied. We request that you determine compliance with the applicable legal regulations on your own responsibility. We would like to point out that in case of doubt we will order the prohibition of the distribution of such products during the event.
Furthermore, according to the German authorities, CBD flowers are also subject to the narcotics law. Possession, trade and sale are also criminal offences. The sale, free distribution or exhibition of CBD-flowers or hemp pre-rolls during the event is therefore not possible.
The same applies, of course, to all higher-percentage THC-containing products, which still cannot be traded in Germany. Sale, distribution and exhibition are strictly prohibited!
